Potential clients have asked me about this scenario: if co-workers make racial comments about a well-known figure, do these comments help show racial animus toward his/her situation? This situation is presented in a case heard by the Eleventh Court Of Appeals. A black nurse heard racial comments about former President. Obama and about black patients.
Proving discrimination is never easy. Discrimination requires proof of intent. The plaintiff must prove or show what some manager was thinking. In Thompson v. Zinke, 795 Fed. Appdx. 294 (5th Cir. 2/27/2020), the plaintiff alleged he was discriminated against when he was passed over for promotion. Mr. Thompson noted that a white applicant with
How does a person show racial discrimination? Two ways come to mind: 1) a person must show he was fired and replaced by a person of a different race, or 2) show he was disciplined differently than persons of a different race. There is more to it than those two methods, but one of those
Lou Agnese made some comments about student’s skin color. He is apparently known for his slightly off-color and blunt comments. But, at a recent gathering of students, he mentioned to the students that some were not wearing the school colors, black and red. To one African-American student, he commented that even though she was not
There is a lot of fuss kicking up over the Sigma Alpha Epsilon fraternity video. The video depicts fraternity members chanting anti-black lyrics. The video is gross and repulsive. See CBS news report. The President of the university shut down the fraternity and gave them just a couple of days to move out. The
In Willis v. CLECO Corp., No. 13-30217, (5th Cir. 4/8/14), the Fifth Circuit panel reverses summary judgment regarding a disciplinary write-up, but affirms summary judgment regarding the termination of an African-American worker. Gregory Willis’ lawyer did not do him any favors in failing to point to specific pages from Mr. Willis’ deposition. Those pages
A potential client recently assured me she could make me "wealthy" if I would accept her case for discrimination. She was responding to my gentle declination of her case. How do I explain to a potential client that what they see on television or in the movies is not real life? Sure, Erin Brockovich did
There are reams of social science on what "discrimination" is. How is it formed? What level of bias rises to the level of "discrimination"? These questions and more abound. We see these questions regarding the hiring of Charley Strong, the first black head football coach at the University of Texas. UT is famous or infamous
A federal court here in San Antonio has found in favor of employees who sued AA Foundries. i first wrote about the lawsuit here. A manager was accused of using the n- word frequently. A hangman’s noose was found in the breakroom. The Equal Employment Opportunity Commission filed suit on behalf of four former
Use of the term "boy" to refer to adult African American men is usually thought to constitute some degree of racism. Yet, the 11th Circuit Court of Appeals has struggled with a case in which that term was used. The case is known as Ash v. Tyson Foods, Inc. It has been to the 11th